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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force section 3 of, and the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018, the only provisions of that Act not commenced either on Royal Assent or two months after Royal Assent. The remaining provisions of the Act are already in force.

Section 3 introduces the Schedule and provides a power for the Secretary of State or Lord Chancellor by regulations made by statutory instrument (subject to annulment pursuant to resolution of either House of Parliament) to make consequential, transitional, transitory or saving provision in relation to the Schedule. The Schedule provides, by way of amendment to other legislation, for authorised court and tribunal staff to provide legal advice to judges of the family court and justices of the peace and to exercise judicial functions where procedure rules so provide.

Regulation 2 of these Regulations brings into force section 3, and specified paragraphs of the Schedule, for the purpose of making regulations under powers conferred by those provisions.

Regulation 3 brings into force section 3 and the Schedule for all other purposes.

A full impact assessment has not been produced for this instrument, as no, or no significant, impact on the private, voluntary or public sectors is foreseen.